Page No.# 1/4 GAHC010266052024 2025:GAU-AS:2329 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/39/2024 ASSAM RIFLES REP BY LIEUTENANT COLONEL N TOSHI, AGED ABOUT 45 YEARS, S/O SHRI I YAPANG, R/O HEADQUARTERS DIRECTORATE GENERAL ASSAM RIFLES, P.O. AND P.S. - MADANRITING, DIST- EAST KHASI HILLS, MEGHALAYA-793010 VERSUS STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:GAURAV KUMAR SINGH CIJW TRAINING WING ASSAM RIFLES TRAINING CENTRE AND SCHOOL DIPHU PIN-782460. PERMANENT ADDRESS- R/O INDIRA GANDHI COLONY NEAR CPPRI PAPER MILL ROAD SAHARANAPUR POST SHEIOKHPUR QUADIM P.S.- SADAR THAN DIST- SAHARANAPUR UTTAR PRADES Advocate for the Petitioner : MR. B DEKA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 05/03/2025 Heard Mr. B Deka, learned Central Government Counsel for the petitioner along with Major Sridhar J, Deputy Chief Law Officer, DGAR and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent No. 1. 2. The respondent No. 2, Gaurav Kumar Singh, son of Upendra Bihari Singh, permanent resident of Indira Gandhi Colony near CPPRI Paper Mill Road, Saharanpur, Police Station-Sadar Thana, District-Saharanpur, Uttar Pradesh, presently residing at Diphu, P.S. Diphu, District-Karbi Anglong, is an armed personnel serving under the Eastern Command. On deputation, he was placed under the Assam Rifles Training Center at Diphu, Karbi Anglong. While he was on deputation in the Assam Rifles at Diphu, the respondent No. 2, Gaurav Kumar Singh was arrested on 05.06.2013 in connection with Basistha Police Station Case No. 420/2013 under Sections 302/201 IPC on the accusation of committing murder of his wife. 3. By an order dated 02.09.2013 passed in Bail Appln. No. 2153/2013 that was preferred by the respondent No. 2, Gaurav Kumar Singh, in said Basistha P.S. Case No. 420/2013, he was granted bail by this Court, amongst others, with a condition that he shall not leave the Assam Rifles Training Center, CIJW Training Wing, Diphu Karbi Anglong. In the meanwhile, charge-sheet in said Basistha P.S. Case No. 420/2013 was filed against the respondent No. 2 herein, petitioner of said Bail Appln. No. 2153/2013 and said Basistha P.S. Case No. 420/2013 was renumbered as Sessions Case No. 100/2015 and trial of said Sessions Case No. 100/2015 is presently going on before the Court of learned Sessions Judge, Kamrup (Metro), Guwahati. 4. In this petition, the petitioner Assam Rifles has prayed for modification of said order dated 02.09.2013 passed in Bail Appln. No. 2153/2013 (Gaurav Kumar Singh Vs. State of Assam) pertaining to the condition incorporated therein whereby the respondent No. 2, namely, Gaurav Kumar Singh was directed not to leave the jurisdiction of the Assam Rifles Training Center, CIJW Training Wing, Diphu, Karbi Anglong stating that since the said respondent No. 2 who was only on deputation in the Assam Rifles at Diphu should be reverted back to his parent department in the Eastern Command of the Army. Page No.# 3/4 5. It is also placed before the Court by Mr. Deka, learned CGC that the respondent No. 2 is under suspension and on being communicated to the Headquarters of Eastern Command (Discipline and Vigilance) on 20.07.2023, the Headquarters, Eastern Command c/o 99 APO vide communication dated 03.08.2023 informed the Assam Rifles that the Assam Rifles may move an appropriate application before the appropriate Court for modification of the order dated 02.09.2013 passed in Bail Appln. No. 2153/2013 (noted above) so as to consider the case for reverting back the respondent No. 2, IC-68067X Major Gaurav Kumar Singh back to the Indian Army who is presently under DV Ban Type ‘S’ in the Assam Rifles at Diphu. 6. On being enquired, it is submitted by Mr. Deka, learned CGC that the trial of said Sessions Case No. 100/2015 is in the evidence stage. 7. Considering the entire aspects of the matter and hearing the learned counsels for the parties, the condition imposed by this Court in its order dated 02.09.2013 passed earlier in Bail Appln. No. 2153/2013 (Gaurav Kumar Singh Vs. the State of Assam) that said Gaurav Kumar Singh (respondent No. 2 herein) shall not leave the jurisdiction of Assam Rifles Training Center, CIJW Training Wing, Diphu, Karbi Anglong is hereby modified as follows:- “The petitioner of Bail Appln. No. 2153/2013, Gaurav Kumar Singh (respondent No. 2 herein), being an employee under the Indian Army posted under the Eastern Command, Union of India who is on deputation in the Assam Rifles Training Center, CIJW Training Wing at Diphu, Karbi Anglong, may be reverted back to the Indian Army and be posted in any army camp within the jurisdiction of the learned Sessions Judge, Kamrup (Metro), Guwahati as may be placed by the Additional Directorate General (Discipline and Vigilance), Ministry of Defence (Army), Union of India, New Delhi so that the respondent No. 2, IC-68067X Major Gaurav Kumar Singh can remained present on the dates in the trial of said Sessions Case No. 100/2015 pending before the Court of learned Sessions Judge, Kamrup (Metro) at Guwahati.” 8. Accordingly, the order dated 02.09.2013 passed in Bail Appln. No. 2153/2013 is modified to the extent above. 9. This order shall be read together with the order dated 02.09.2013 passed in Bail Appln. No. 2153/2013. Page No.# 4/4 10. With the above observation, this writ petition stands disposed of. JUDGE Comparing Assistant